2005 Texas Local Government Code CHAPTER 82. COUNTY CLERK

LOCAL GOVERNMENT CODE

CHAPTER 82. COUNTY CLERK


	§ 82.001. SURETY BOND AND OATH OF COUNTY CLERK;  
SELF-INSURANCE.  (a) The county clerk must, before beginning to 
perform the duties of office, execute a bond either with four or 
more good and sufficient sureties or with a surety company 
authorized to do business in the state as a surety.
	(b)  In lieu of the clerk obtaining the bond, the county may 
self-insure against losses that would have been covered by the 
bond.
	(c)  The bond must be:                                                         
		(1)  approved by the commissioners court;                                     
		(2)  made payable to the county;                                              
		(3)  conditioned that the clerk will faithfully perform 
the duties of office; and
		(4)  in an amount equal to at least 20 percent of the 
maximum amount of fees collected in any year during the term of 
office preceding the term for which the bond is to be given, but not 
less than $5,000 or more than $500,000.
	(d)  The clerk must take and subscribe the official oath, 
which must be endorsed on the bond if the bond is required.  The bond 
and oath shall be recorded in the county clerk's office and 
deposited in the office of the clerk of the district court.
	(e)  An injured party in a suit to which the county is a party 
may use and enter in the record in the suit a certified copy of the 
bond.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 1, § 9(a), eff. Aug. 28, 1989.


	§ 82.002. SURETY BOND ON DEPUTY CLERKS AND EMPLOYEES;  
SELF-INSURANCE.  (a) If the county clerk has only a single deputy 
clerk, the county clerk shall execute a surety bond to cover the 
deputy.  The county clerk shall execute a schedule surety bond or a 
blanket surety bond to cover all the deputy clerks, if there is more 
than one, and all other employees of the office.
	(b)  In lieu of a clerk obtaining a bond as required by 
Subsection (a), the county may self-insure against losses that 
would have been covered by the bond.
	(c)  The bond covering a deputy clerk or an employee must be 
conditioned in the same manner and must be for the same amount as 
the bond for the county clerk.  The bond must be made payable to the 
county for the use and benefit of the county clerk.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 1, § 9(a), eff. Aug. 28, 1989.


	§ 82.003. ERRORS AND OMISSIONS INSURANCE;  CONTINGENCY 
FUND.  (a) The county clerk shall obtain an insurance policy or 
similar coverage from a governmental pool operating under Chapter 
119 covering the clerk and each deputy clerk against liability 
incurred through errors and omissions in the performance of their 
official duties.
	(b)  The policy or other coverage document must be in an 
amount equal to the maximum amount of fees collected in any year 
during the term of office preceding the term for which the policy is 
to be obtained.  However, the policy or other coverage document must 
be in an amount of at least $10,000 but is not required to exceed 
$500,000.  If the policy or other coverage document provides 
coverage for other county officials, the policy or other coverage 
document must be in an amount of at least $1 million.
	(c)  The commissioners court may establish a contingency 
fund to provide the coverage required by this section if it is 
determined by the county clerk that insurance coverage is 
unavailable at a reasonable cost.  The commissioners court may set 
an additional filing fee in an amount not to exceed $5 for each suit 
filed to be collected by the county clerk.  The fee shall be paid 
into the fund.  When the contingency fund reaches an amount equal to 
that required by this section, the clerk shall stop collecting the 
additional fee.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 1, § 9(a), eff. Aug. 28, 1989;  Acts 
1993, 73rd Leg., ch. 561, § 3, eff. Aug. 30, 1993.


	§ 82.004. PREMIUMS.  The commissioners court of a county 
shall pay out of the general fund of the county the premiums for a 
bond or insurance policy required by this chapter.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 82.005. APPOINTMENT, OATH, AND POWERS OF DEPUTY 
CLERK.  (a) An appointment by the county clerk of a deputy clerk 
must be in writing, be signed by the county clerk, and bear the seal 
of the county court.  The county clerk shall record the appointment 
in the county clerk's office and shall deposit it in the office of 
the district clerk.
	(b)  A deputy clerk must take the official oath.                               
	(c)  A deputy clerk acts in the name of the county clerk and 
may perform all official acts that the county clerk may perform.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.